HB 0561

1	A bill to be entitled
2	An act relating to agricultural economic development;
3	creating s. 70.005, F.S.; providing a cause of action for
4	landowners aggrieved by certain changes to agricultural
5	land use; amending s. 163.2514, F.S.; defining the term
6	"agricultural enclave" for purposes of growth policy;
7	amending s. 163.2517, F.S.; authorizing the owner of land
8	defined as an agricultural enclave to apply for an
9	amendment to the local government comprehensive plan;
10	providing requirements relating to application for a
11	comprehensive plan amendment; amending s. 163.3187, F.S.;
12	providing that a large scale comprehensive plan amendment
13	adopted as a result of informal mediation may be approved
14	without regard to the statutory frequency limits; creating
15	s. 259.047, F.S.; providing requirements relating to
16	purchase of land on which an agricultural lease exists;
17	amending s. 373.0361, F.S.; providing for recognition that
18	alternative water source options for agricultural self-
19	suppliers are limited; amending s. 373.2234, F.S.;
20	correcting a cross reference; amending s. 373.236, F.S.;
21	requiring water management districts to inform landowners
22	of the option to obtain certain consumptive use permits;
23	creating s. 373.407, F.S.; providing for memoranda of
24	agreement regarding qualification for agricultural-related
25	exemptions; providing an effective date.
26
27	WHEREAS, agricultural production is a major contributor to
28	the economy of the state, and
29	WHEREAS, agricultural lands constitute unique and
30	irreplaceable resources of statewide importance, and
31	WHEREAS, the continuation of agricultural activities
32	preserves the landscape and environmental resources of the
33	state, contributes to the increase of tourism, and furthers the
34	economic self-sufficiency of the people of the state, and
35	WHEREAS, the development, improvement, and encouragement
36	of the agricultural industry will result in a general benefit
37	to the health, safety, and welfare of the people of the state,
38	NOW, THEREFORE,
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 70.005, Florida Statutes, is created to
43	read:
44	70.005  Cause of action.--A landowner aggrieved by the
45	changing of an existing agricultural land use classification or
46	agricultural zoning or the lowering of the current residential
47	density designation by a county which creates an inordinate
48	burden on property classified as agricultural land pursuant to
49	s. 193.461 shall have an immediate cause of action in accordance
50	with the procedures provided in s. 70.001, except that the 180-
51	day notice period shall be reduced to a 90-day notice period.
52	Section 2.  Subsections (1) and (2) of section 163.2514,
53	Florida Statutes, are renumbered as subsections (2) and (3),
54	respectively, and a new subsection (1) is added to said section
55	to read:
56	163.2514  Growth Policy Act; definitions.--As used in ss.
57	163.2511-163.2526:
58	(1)  "Agricultural enclave" means any unincorporated,
59	undeveloped parcel of 7,500 acres or less owned by a single
60	person or entity, which satisfies all of the following criteria:
61	(a)  The parcel has been in continuous use for bona fide
62	agricultural purposes, as defined by s. 193.461, for a period of
63	5 years prior to the date of any comprehensive plan amendment
64	application.
65	(b)  The parcel is surrounded on at least 75 percent of its
66	perimeter by existing industrial, commercial, or residential
67	development or property which may be developed for industrial,
68	commercial, or residential purposes without further amendment of
69	a local government comprehensive plan.
70	(c)  Public services, including water, wastewater,
71	transportation, schools, and recreational facilities, are
72	available or are scheduled to be provided as part of an adopted
73	5-year schedule of capital improvements by the local government
74	or by an alternative local government public infrastructure
75	provider.
76	Section 3.  Subsection (7) is added to section 163.2517,
77	Florida Statutes, to read:
78	163.2517  Designation of urban infill and redevelopment
79	area; agricultural enclave.--
80	(7)  In order to preserve commercial agricultural activity,
81	encourage mixed-use infill development, prevent urban sprawl,
82	and provide more efficient delivery of municipal services and
83	facilities, the owner of land defined as an agricultural enclave
84	pursuant to s. 163.2514(1) may apply for an amendment to the
85	local government comprehensive plan pursuant to s. 163.3187.
86	Such amendment may include land uses and intensities of use
87	consistent with the uses and intensities of use of surrounding
88	industrial, commercial, or residential areas. Any comprehensive
89	plan amendment application shall include appropriate "new
90	urbanism" concepts such as clustering, mixed-use development,
91	the creation of rural village and city centers, and the transfer
92	of development rights in order to discourage urban sprawl while
93	protecting landowner rights. If such amendment is otherwise
94	consistent with applicable provisions of ss. 163.3177, 163.3178,
95	163.3180, 163.3191, and 163.3245, the state comprehensive plan,
96	the appropriate regional policy plan, and chapter 9J-5, Florida
97	Administrative Code, the amendment shall be deemed to prevent
98	urban sprawl and be in compliance as defined in s. 163.3184. If
99	two or more persons or entities own contiguous agricultural
100	lands which, when consolidated after the effective date of this
101	act, meet the definition of an agricultural enclave, such
102	persons or entities shall not be entitled to apply for a
103	comprehensive plan amendment pursuant to this subsection for a
104	period of 5 years following consolidation.
105	Section 4.  Paragraph (d) of subsection (1) of section
106	163.3187, Florida Statutes, is amended to read:
107	163.3187  Amendment of adopted comprehensive plan.--
108	(1)  Amendments to comprehensive plans adopted pursuant to
109	this part may be made not more than two times during any
110	calendar year, except:
111	(d)  Any comprehensive plan amendment required by a
112	compliance agreement under pursuant to s. 163.3184(16) or any
113	large scale comprehensive plan amendment adopted as a result of
114	informal mediation in accordance with s. 163.3181(4) may be
115	approved without regard to statutory limits on the frequency of
116	adoption of amendments to the comprehensive plan.
117	Section 5.  Section 259.047, Florida Statutes, is created
118	to read:
119	259.047  Acquisition of land on which an agricultural lease
120	exists.--
121	(1)  When land with an existing agricultural lease is
122	acquired in fee simple pursuant to this chapter or chapter 375,
123	the existing agricultural lease may continue in force for the
124	actual time remaining on the lease agreement. Any entity
125	managing lands acquired under this section must consider
126	existing agricultural leases in the development of a land
127	management plan required under the provisions of s. 253.034.
128	(2)  Where consistent with the purposes for which the
129	property was acquired, the state or acquiring entity shall make
130	reasonable efforts to keep lands in agricultural production
131	which are in agricultural production at the time of acquisition.
132	Section 6.  Paragraph (a) of subsection (2) of section
133	373.0361, Florida Statutes, is amended to read:
134	373.0361  Regional water supply planning.--
135	(2)  Each regional water supply plan shall be based on at
136	least a 20-year planning period and shall include, but not be
137	limited to:
138	(a)  A water supply development component that includes:
139	1.  A quantification of the water supply needs for all
140	existing and reasonably projected future uses within the
141	planning horizon. The level-of-certainty planning goal
142	associated with identifying the water supply needs of existing
143	and future reasonable-beneficial uses shall be based upon
144	meeting those needs for a 1-in-10-year drought event. Population
145	projections used for determining public water supply needs must
146	be based upon the best available data. In determining the best
147	available data, the district shall consider the University of
148	Florida's Bureau of Economic and Business Research (BEBR) medium
149	population projections and any population projection data and
150	analysis submitted by a local government pursuant to the public
151	workshop described in subsection (1) if the data and analysis
152	support the local government's comprehensive plan. Any
153	adjustment of or deviation from the BEBR projections must be
154	fully described, and the original BEBR data must be presented
155	along with the adjusted data.
156	2.  A list of water source options, including traditional
157	and alternative source options, from which local government,
158	government-owned and privately owned utilities, self-suppliers,
159	and others may choose, for water supply development, the total
160	capacity of which will, in conjunction with water conservation
161	and other demand management measures, exceed the needs
162	identified in subparagraph 1. The list of water source options
163	for water supply development must contain provisions that
164	recognize that alternative water source options for agricultural
165	self-suppliers are limited.
166	3.  For each option listed in subparagraph 2., the
167	estimated amount of water available for use and the estimated
168	costs of and potential sources of funding for water supply
169	development.
170	4.  A list of water supply development projects that meet
171	the criteria in s. 373.0831(4).
172
173	The water supply development component of a regional water
174	supply plan which deals with or affects public utilities and
175	public water supply for those areas served by a regional water
176	supply authority and its member governments within the
177	boundaries of the Southwest Florida Water Management District
178	shall be developed jointly by the authority and the district.
179	Section 7.  Section 373.2234, Florida Statutes, is amended
180	to read:
181	373.2234  Preferred water supply sources.--The governing
182	board of a water management district is authorized to adopt
183	rules that identify preferred water supply sources for
184	consumptive uses for which there is sufficient data to establish
185	that a preferred source will provide a substantial new water
186	supply to meet the existing and projected reasonable-beneficial
187	uses of a water supply planning region identified pursuant to s.
188	373.0361(1), while sustaining existing water resources and
189	natural systems. At a minimum, such rules must contain a
190	description of the preferred water supply source and an
191	assessment of the water the preferred source is projected to
192	produce. If an applicant proposes to use a preferred water
193	supply source, that applicant's proposed water use is subject to
194	s. 373.223(1), except that the proposed use of a preferred water
195	supply source must be considered by a water management district
196	when determining whether a permit applicant's proposed use of
197	water is consistent with the public interest pursuant to s.
198	373.223(1)(c). A consumptive use permit issued for the use of a
199	preferred water supply source must be granted, when requested by
200	the applicant, for at least a 20-year period and may be subject
201	to the compliance reporting provisions of s. 373.236(4)(3).
202	Nothing in this section shall be construed to exempt the use of
203	preferred water supply sources from the provisions of ss.
204	373.016(4) and 373.223(2) and (3), or be construed to provide
205	that permits issued for the use of a nonpreferred water supply
206	source must be issued for a duration of less than 20 years or
207	that the use of a nonpreferred water supply source is not
208	consistent with the public interest. Additionally, nothing in
209	this section shall be interpreted to require the use of a
210	preferred water supply source or to restrict or prohibit the use
211	of a nonpreferred water supply source. Rules adopted by the
212	governing board of a water management district to implement this
213	section shall specify that the use of a preferred water supply
214	source is not required and that the use of a nonpreferred water
215	supply source is not restricted or prohibited.
216	Section 8.  Subsections (2) and (3) of section 373.236,
217	Florida Statutes, are renumbered as subsections (3) and (4),
218	respectively, and a new subsection (2) is added to said section
219	to read:
220	373.236  Duration of permits; compliance reports.--
221	(2)  The Legislature finds that some agricultural
222	landowners remain unaware of their ability to request a 20-year
223	consumptive use permit under subsection (1) for initial permits
224	or for renewals. Therefore, the water management districts shall
225	inform agricultural applicants of this option in the application
226	form.
227	Section 9.  Section 373.407, Florida Statutes, is created
228	to read:
229	373.407  Memorandum of agreement for an agricultural-
230	related exemption.--No later than July 1, 2006, the Department
231	of Agriculture and Consumer Services and each water management
232	district shall enter into a memorandum of agreement under which
233	the Department of Agriculture and Consumer Services shall assist
234	in a determination by a water management district as to whether
235	an existing or proposed activity qualifies for the exemption set
236	forth in s. 373.406(2). The memorandum of agreement shall
237	provide a process by which, upon the request of a water
238	management district, the Department of Agriculture and Consumer
239	Services shall conduct a nonbinding review as to whether an
240	existing or proposed activity qualifies for an agricultural-
241	related exemption set forth in s. 373.406(2). The memorandum of
242	agreement shall provide processes and procedures by which the
243	Department of Agriculture and Consumer Services shall undertake
244	this review effectively and efficiently and issue a
245	recommendation.
246	Section 10.  This act shall take effect upon becoming a
247	law.

CODING: Words stricken are deletions; words underlined are additions.